What if the restitution is ordered however the Defendant does not have the means to pay the restitution? Does a defendant's ability/inability to pay during period of community control continue at termination of community control?
Marsy’s Law provides for “full and timely” restitution. If proven, restitution orders are mandatory, but payment may still depend on the offender’s ability to pay. See Bearden v. Georgia, 461 U.S. 660 (1983). Courts may modify payment terms as necessary. Restitution obligations can continue beyond the length of community control sanction.
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